DocketNumber: No. CV 01 810306
Citation Numbers: 2002 Conn. Super. Ct. 3915, 31 Conn. L. Rptr. 649
Judges: WAGNER, TRIAL JUDGE REFEREE.
Filed Date: 3/21/2002
Status: Non-Precedential
Modified Date: 4/17/2021
In the present action, at first glance, there appears to be a real question as to whom is "named" as plaintiff.
On the summons, in the space provided for "first named plaintiff' appears "Olsen, James, Estate of".
In the complaint itself, paragraph 1 of count 1, refers to the "plaintiff, James Olsen", as an individual who resided at 19 Villa Louja Road . . .
However, paragraph 2, states:"
"On June 25, 2001, the Manchester probate court appointed Leona Olsen, Executrix of the Estate of James Olsen, hereinafter referred to as the Estate".
In paragraphs 5, 6, 9, and 10, in describing the situation in which James Olsen, fell off the roof of his property while the defendant was conducting certain home improvements, the sole reference is to the CT Page 3916 "plaintiff's estate".
Attached to the complaint and summons served on defendant was a Manchester probate court certificate showing that Leona I. Olsen was appointed Executrix of the Estate of James M. Olsen on June 25, 2001.
The briefs on this motion to dismiss center on whether plaintiff's amended complaint filed on January 18, 2002 clarifying the name of the plaintiff as Leona Olsen, Executrix of the Estate of James M. Olsen, was effective in curing the claimed jurisdictional defect In this court's view, however, there was no jurisdictional defect because the complaint, as ineptly drawn as it was, was sufficient to advise this Court and the defendant that the plaintiff was in fact Leona Olsen, Executrix of the Estate of James M. Olsen. References in the complaint to the decedent or to the "Estate" were clerical errors, and do not impact on the jurisdiction of this Court.
CPB §
Unlike many of the cases cited by defendants, in which jurisdiction over defendants were involved or the very existence of the fiduciary named as a party was not clear as of the time the action was commenced, a fair reading of the summons and complaint reveals no uncertainty as to the plaintiff in this case. The proper plaintiff, Leona Olsen, Executrix of the Estate of James Olsen was specifically named in the second paragraph of count 1 and in the attached probate certificate. The other references to the plaintiff as the "Estate" or James Olson were sloppy references to the real plaintiff. The broad policies set forth in Practice Book §
Motion to dismiss denied.
Wagner J., JTR